[Adopted 12-27-2001 by L.L. No. 7-2001]
This article shall be known and cited as the
Town of Wappinger Local Law No. 7 of 2001, entitled "Local Law Exempting
the Position of Deputy Building Inspector of the Town of Wappinger
from Residency Requirements Imposed by New York State Town Law § 23."
A.
The Town Board acknowledges that § 23, Subdivision
1, of the New York State Town Law requires every officer of the Town
at the time of his appointment and throughout his term of office to
be an elector of the Town. However, § 23, Subdivision 1,
of the Town Law has exempted the residency requirement for the Deputy
Building Inspectors employed by the Town of North Salem, County of
Westchester, New York.
B.
Section 10 of the Municipal Home Rule Law of the State
of New York authorizes a town to adopt by local law, for its own purposes,
any statutory provision, amendment or exemption which has been expressly
authorized by the State Legislature for any other named town, thereby
superseding general statutory provisions to the contrary.
C.
Moreover, the Town Board recognizes that the Town
of Wappinger benefits from the residence of its officers within the
Town, including, but not limited to, benefits realized by fostering
an increased sense of community. However, the Town Board has determined
that the position of Deputy Building Inspector is one that requires
special skills and training. Moreover, in light of these requirements
for special skills and training, it is the determination of the Town
Board that any benefits that accrue from the residency within the
Town of its Deputy Building Inspector are outweighed by the importance
of filling the position of Deputy Building Inspector with the best
qualified candidate. Accordingly, the Town Board has decided to enact
a local law exempting the position of Deputy Building Inspector from
the residency requirements imposed by New York State Town Law § 23.
The Town Board also notes that the Deputy Building Inspector is sometimes
referred to as the Assistant Building Inspector.
In accordance with the legislative intent noted
above, the person appointed to the position of Deputy Building Inspector
(sometimes referred to as the "Assistant Building Inspector") in the
Town of Wappinger shall not be required to be an elector or resident
of the Town of Wappinger in order to hold and serve such position.
Pursuant to Municipal Home Rule Law § 22,
the provisions of this article are intended to supersede any inconsistent
or contrary provisions contained in the New York State Constitution
or in Town Law §§ 20 and 23, or Public Officers Law
§ 3.
